This article applies to public sector entities in the ACT.
Disability Inclusion Bill 2024 (ACT)
On 29 August 2024, the Disability Inclusion Bill 2024 (ACT) (the Bill) passed the ACT Parliament and is currently awaiting notification. The Bill will commence on a day fixed by the Minister by written notice. The Bill will form a new principal act which aims to promote disability inclusion in the Australian Capital Territory (ACT).
Operationally Significant Changes
The most significant changes (from an operational perspective), include the requirements for public sector entities to:
- implement disability inclusion plans for their administrative units; and
- insert a statement describing relevant measures taken during the reporting year in their annual report.
Further Information
Important concepts
The Bill provides that disability inclusion is a process intended to achieve equity between people with disability and other members of the community by doing the following:
- ensuring equality of rights, opportunities, responsibilities and outcomes between people with disability and other members of the community;
- redressing disadvantage or discrimination affecting people with disability;
- addressing stigma, stereotyping, prejudice, violence, abuse, neglect or exploitation affecting people with disability;
- accommodating difference by way of structural change;
- addressing barriers to accessibility, including barriers compounded by intersectionality.
Further, ableism, is defined by the Bill, as a belief that people with disability are, as a result of disability, less worthy of respect and consideration, less able to contribute to or participate in society or of less inherent value than people without disability.
Disability inclusion plans
Section 13 of the Bill provides that the responsible person for a public sector entity must develop a plan for how the entity will implement disability inclusion and address ableism (a disability inclusion plan). The disability inclusion plan must be consistent with the disability inclusion principles (set out in Schedule 1 of the Bill) and all disability inclusion strategies (which will be set by the responsible Minister for the Bill). The plan must also (among other relevant matters):
- include information on how the entity will implement disability inclusion strategies relating to the work of the entity;
- include actions taken or being developed to do the following:
- promote disability inclusion;
- reduce, remove and prevent barriers to accessibility; and
- adress ableism within, and across the business of, the entity.
The disability inclusion plan must be publicly available on an ACT government website and reviewed on the commencement of a new disability inclusion strategry relating to the work of the entity and at least once every 5 years after the plan is made. Importantly, the responsible person for the public service entity must consult with various people in developing or reviewing a disability inclusion plan, including people with disability, and families and carers of people with disability, and take all practicable steps to ensure that the people consulted reflect the diversity of the ACT community (as outlined in section 14(2) of the Bill).
Relevantly, public sector entity means an administrative unit or a public sector body, and responsible person, for a public sector entity, means:
- for an administrative unit—the director-general; and
- for a public sector body—the head of the public sector body.
Annual report requirements
The director-general annual report for an administrative unit must include a statement on measures taken during the reporting year to:
- support the development and implementation of disability inclusion strategies; and
- develop and implement a disability inclusion plan.
Further, the annual report for a public sector body must include a statement on measures taken during the reporting year to:
- support the development and implementation of disability inclusion strategies; and
- for a public sector body headed by a public sector employer—develop and implement a disability inclusion plan.
Please click here to access the current version of the Bill (which at the time of writing is yet to include the amendments made by Parliament).
